SȾÁUTW First Nation MANUFACTURED HOME SITE TENANCY AGREEMENT

Transcription

1 SȾÁUTW First Nation MANUFACTURED HOME SITE TENANCY AGREEMENT While SȾÁUTW First Nation is of the opinion that this Manufactured Home Site Tenancy Agreement accurately reflects the SȾÁUTW First Nation Residential Tenancy Law and Schedules (collectively the Law ), SȾÁUTW First Nation makes no representations or warranties regarding the use of this agreement. A landlord and tenant may wish to obtain independent legal advice regarding whether this agreement satisfies their own personal or business needs. The words Tenant, Landlord, Manufactured Home Park and Manufactured Home Site in this agreement have the same meaning as in the Law, and singular of these words includes the plural. No provisions of this agreement may be deleted. Additional terms may be added to the end of this agreement under the heading Additional Terms, provided they comply with all the provisions of the Law. IF ADDITIONAL SPACE IS REQUIRED TO LIST ALL PARTIES, attach additional pages as a Schedule Schedule attached listing additional parties: PARK NAME: TENANT(S) SITE NUMBER: MANUFACTURED HOME SITE TENANCY AGREEMENT BETWEEN: (use full, correct legal names) the LANDLORD(S): (If entry for landlord is a business name, use the last name field box to enter the full legal business name) and the TENANT(S): ADDRESS OF PLACE BEING RENTED TO TENANT(S) (called the rental unit in this agreement) Unit Address City Province Postal Code ADDRESS FOR SERVICE of the Landlord Landlord s Agent: BC Unit Address City Province Postal Code Daytime Phone Number Other Phone Number FAX Number for Service Form Page 1 of 7

2 1. APPLICATION OF THE SȾÁUTW FIRST NATION RESIDENTIAL TENANCY LAW AND SCHEDULES: 1) The terms of this Tenancy Agreement and any changes or additions to the terms may not contradict or change any right or duty under the Law, or any standard terms. If a term of this Tenancy Agreement does contradict or change a right, or duty under the Law, the term of the Tenancy Agreement is void. 2) Any change or addition to this Tenancy Agreement must be agreed to in writing and initialed by both the landlord and the tenant. If a change is not agreed to in writing, is not initialed by both the landlord and the tenant or is unconscionable, it is not enforceable. 3) The requirement for agreement under subsection (2) does not apply to a) a rent increase given in accordance with the Law; b) a withdrawal of, or a restriction on, a service or facility in accordance with the Law; c) park rules established in accordance with the Law; or d) a term in respect of which a landlord or tenant has obtained an order from the SȾÁUTW First Nation Administrator or an arbitrator that the agreement of the other is not required. 2. LENGTH OF TENANCY (Please fill in the dates and times in the spaces provided) This tenancy starts Day Month Year on: Length of tenancy: (Please check a, b, or c and provide additional information as requested) This tenancy is: a) on a month-to-month basis b) for a fixed length of time: ending on: Length of Time Day Month Year At the end of this fixed length of time: (Please check one option, i or ii) i) the tenancy may continue on a month-to-month basis or for another fixed length of time. ii) the tenancy ends and the tenant must move out of the rental unit. If you choose this option, both the landlord and the tenant must initial the following boxes below. Landlord s Initials Tenant s Initials c) other periodic tenancy as indicated below: Weekly Bi-weekly Other: 3. RENT (Please fill in the information in the spaces provided) 1) Payment of Rent: The tenant will pay the rent of $ each (check one) day week month to the landlord on the fist day of the rental period which falls on the (Due Date, e.g. 1 st, 2 nd, 3 rd, 31 st ) day of each day week month subject to rent increases given in accordance with the Law. The tenant must pay the rent on time. If the rent is late, the landlord may issue a Notice to End a Residential Tenancy to the tenant, which may take effect not earlier than 10 days after the date the notice is given. Form Page 2 of 7

3 2) What is included in rent: (Check only those things that are included and provide additional information, if needed) The landlord must not terminate or restrict a service or facility that is essential to the tenant's use of the manufactured home site as a site for a manufactured home, or is a material term of the tenancy agreement. 4. SECURITY A Water d Electricity d Natural Gas Sewage Disposal Garbage Collection Cablevision Laundry (free) Laundry (coin-op) RV Parking Visitor Parking Storage (off site) Other i Property Snow Removal t Taxes (roads) S Additional Information: Off Street Parking for 1) A landlord must not require or accept a Security Deposit or Pet Damage Deposit in respect of a Manufactured Home Site Tenancy. 2) The landlord is permitted to require security, in the form of proof of third party insurance, against damage to the park caused by moving the manufactured home on or off the manufactured home site. 5. PETS 1) Any term of this tenancy agreement that prohibits, or restricts the size of, a pet or that governs the tenant's obligations regarding the keeping of a pet on the manufactured home site is subject to the rights and restrictions under the Guide Dog and Service Dog Act. 2) The landlord is not permitted to require or accept a pet damage deposit for a manufactured home park tenancy. 6. PLAN A plan or sketch describing the area and boundaries of the manufactured home site rented under this agreement is attached to this agreement. The boundaries are measured from a permanent reference marked on the plan. 7. PAYMENT OF RENT 1) The tenant must pay the rent on time, unless the tenant is permitted under the Law to deduct from the rent. If the rent is late, the landlord may issue a notice to end a tenancy to the tenant, which may take effect not earlier than 10 days after the date the tenant receives the notice. 2) The landlord must not take away or make the tenant pay extra for a service or facility that is already included in the rent, unless a reduction is made under section 5.48 of the Law. 3) The landlord must give the tenant a receipt for rent paid in cash. 4) The landlord must return to the tenant on or before the last day of the tenancy any post-dated cheques for rent that remain in the possession of the landlord. If the landlord does not have a forwarding address for the tenant and the tenant has vacated the manufactured home park without notice to the landlord, the landlord must forward any post-dated cheques for rent to the tenant when the tenant provides a forwarding address in writing. 8. RENT INCREASES 1) Once a year the landlord may increase the rent for the existing tenant. The landlord may only increase the rent 12 months after the date that the existing rent was established with the tenant or 12 months after the date of the last lawful rent increase for the tenant, even if there is a new landlord or a new tenant by way of assignment. The landlord must use the prescribed Notice of Rental Increase form available from the Administrator at the SȾÁUTW First Nation s offices. Form Page 3 of 7

4 2) The landlord must give the tenant 3 whole months notice, in writing, of a rent increase. For example, if the rent is due on the 1 st of the month and the tenant is given notice any time in January, even January 1 st, there must be three 3 whole months before the rent increase begins. In this example, the months are February, March and April, so the increase would begin on May 1 st. 3) If the tenant thinks the rent increase is unjustified, the tenant may talk to the landlord or contact the Administrator for assistance. If the issue is not resolved, the tenant may apply for arbitration under the Law within 30 days from the date of receipt of the Notice of Rent Increase. See the Notice for further details. 4) Either the landlord or the tenant may obtain the inflation rate prescribed for a rent increase from the Administrator. 9. ASSIGN OR SUBLET 1) The tenant may assign or sublet the rental unit to another person only with the prior written consent of the landlord, or in accordance with any order under Part 8 of the Law. If this Tenancy Agreement is for a fixed length of 6 months or more, or is solely for the rental of the of a manufactured home site, the landlord must not arbitrarily or unreasonably withhold consent to assign or sublet. Under an assignment a new tenant must assume all rights and duties under the existing Tenancy Agreement, at the same rent. The landlord must not charge a fee or receive a benefit, directly or indirectly, for giving this consent. 2) If the landlord unreasonably withholds consent to assign or sublet or charges a fee, the tenant may apply for dispute resolution under the Law. 10. REPAIRS 1) Landlord's obligations: a) The landlord must provide and maintain the rental unit and residential property in a reasonable state of decoration and repair, making the rental unit the residential property suitable for reasonable occupation by a tenant. The landlord must comply with health, safety and housing standards required by law. b) The landlord is required to make a repair to comply with the above duties, the tenant may discuss it with the landlord. If the landlord refuses to make the repair, the tenant may seek and Arbitrator s Order under the Law for the completion cost of the repair. 2) Tenants Obligations: a) The tenant must maintain ordinary health, cleanliness and sanitary standards throughout the rental unit and residential property. The tenant must take the necessary steps to repair damage to the rental unit and residential property caused by a willful or negligent act or omission of the tenant or invited guests of the tenant. The tenant is not responsible for reasonable wear and tear to the rental unit. b) If the tenant does not comply with the above duties, the landlord may discuss the matter with the tenant and may seek a monetary order through arbitration under the Law for the cost of repairs, serve a Notice to End a Residential Tenancy, or both. 3) Emergency Repairs: a) The landlord must post the name and the telephone number of the designated contact person for emergency repairs. b) The tenant must make at least two (2) attempts to notify the person designated by the landlord, and give a reasonable time for completion of the emergency repairs by the landlord. c) If the emergency repairs are still required, the tenant may undertake the repairs, and deduct the cost from the next month s rent, provided a statement of account and receipts are given to the landlord. The landlord may take over completion of the emergency repairs anytime. d) Emergency repairs must be urgent and necessary for the health and safety of the persons or preservation of the property and are limited to: i) Major leaks in the pipes or roof; ii) Damaged or blocked water or sewer pipes or plumbing fixtures; iii) Repairs to the primary heating system; Form Page 4 of 7

5 iv) Defective locks that give access to the rental unit; and v) Damage to the electrical system. 11. OCCUPANTS AND GUESTS 1) The landlord may not stop the tenant from having guests in the rental unit under reasonable circumstances. If the number of permanent occupants is unreasonable, the landlord may discuss the issue with the tenant and may serve a Notice to End a Residential Tenancy. Disputes regarding the Notice can be resolved through dispute resolution under Part 8 of the Law. 2) The landlord must not impose restrictions on guests and must not require or accept any extra charge for daytime visits or overnight accommodation of guests. 12. LOCKS 1) The landlord must not change locks or other means of access to the manufactured home park unless the landlord provides each tenant with new keys or other means of access to the manufactured home park. 2) The tenant must not change locks or other means of access to common areas of a manufactured home park unless the landlord consents to the change. 3) Neither the tenant nor the landlord may change or add a lock or security device (for example, a door chain) to the rental unit unless both agree, or unless ordered by an arbitrator. In an emergency, the landlord may change the lock on the main door of the residential property and the tenant may change a defective lock on the rental unit and promptly provide the other party with a copy of the new key. 13. LANDLORD S ENTRY ON TO MANUFACTURED HOME SITES 1) For the duration of this agreement, the manufactured home site is the tenant s home and the tenant is entitled to privacy, quiet enjoyment and to exclusive use of the rental unit. 2) The landlord may enter the manufactured home site only if one of the following applies: a) the landlord gives the tenant written notice which states why the landlord needs to enter the rental unit and specifies a reasonable time not sooner than 24 hours and not more than 30 days from the time of giving the notice; b) there is an emergency and the entry is necessary to protect life or property; c) the Tenant gives the Landlord permission to enter at the time of entry or not more than 30 days before the time of entry for a specific purpose; d) the Tenant has abandoned the site; e) the Landlord has the order of an arbitrator or court saying the Landlord may; f) the entry is for the purpose of collecting rent or giving or serving a document that under the Act must be given or served; and g) the Landlord is providing maid service to a hotel tenant at a reasonable time. 3) If the landlord enters the rental unit illegally, the Tenant may apply for an arbitrator s order under the Law, to change the locks for the rental unit and keep the only key. At the end of the tenancy, the tenant must give the key to the rental unit landlord. 14. ENDING A TENANCY 1) The tenant may end a month-to-month tenancy by giving the landlord at least one month s written notice. The landlord must receive the written notice before the day the rent is due, for the tenant to move out at the end of the following month. 2) The notice must be in writing and must: a) include the address of the manufactured home site: b) include the date the tenancy is to end; c) be signed by the tenant; and d) include the specific grounds for ending the tenancy, if the tenant is ending a tenancy because the landlord has breached a material term of the tenancy. Form Page 5 of 7

6 [For example, if the tenant wants to move at the end of May, the tenant must make sure the landlord receives written notice on or before April 30 th.] 3) If this is a fixed term tenancy, and the agreement does not require the tenant to vacate at the end of the tenancy, the agreement is renewed as a monthly tenancy on the same terms until the tenant gives notice to end a tenancy as required under Part 7 of the Law. 4) The landlord may end the tenancy only for the reasons and only in the manner set out in the Law. The landlord must use the prescribed Notice to End a Residential Tenancy form available from the administrator. 5) The landlord and the tenant may mutually agree in writing to end this Tenancy Agreement at any time. 15. LANDLORD TO GIVE TENANCY AGREEMENT TO TENANT The landlord must give the tenant a copy of this agreement promptly, and in any event within 21 days of entering into this agreement. 16. RESOLUTION OF DISPUTES Either the tenant or the landlord has the right to apply for arbitration to resolve a dispute, as provided under the Part 8 of the Law. 17. ADDITIONAL TERMS 1) Write down any additional terms which the tenant and landlord agrees to. Additional terms may cover matters like move-in and move-out times, pets, yard work, smoking and snow removal. Additional pages may be added. 2) Any change or addition to this tenancy agreement must comply with the Law and must clearly communicate the rights and obligations under it in writing and be initialled by both the landlord and tenant. If a term does not meet these requirements or is unconscionable, it is unenforceable. 3) Attached to this tenancy agreement, there is is not an Addendum. If there is an Addendum attached: Number of pages of the Addendum Number of additional terms in the Addendum By signing this tenancy agreement, the landlord and tenant are bound by its terms. Landlord Signature mmm/dd/yyyy Tenant Signature mmm/dd/yyy Tenant Signature mmm/dd/yyyy Form Page 6 of 7

7 General Information About Residential Tenancy Agreements Important Legal Document Access Additional Terms Amendment of the Law Inspection Report Change of Landlord Arbitration of Disputes Assignment or sublet Resolution of Disputes This tenancy agreement is an important legal document. Keep it in a safe place. The landlord has the right to access the manufactured home site for the purpose of giving notices and documents under the Law. Any additional terms cannot contradict or change any right or duty under the Law or this tenancy agreement. The additional terms must be reasonable. An additional term that is not reasonable is not enforceable. The law or regulation made under the Law, as amended from time to time, takes priority over the terms of this tenancy agreement. It is recommended that the landlord and tenant inspect the rental unit together at the beginning and the end of the tenancy and complete a written inspection report. A report may describe any damage, how clean each room is, and the general condition of the rental unit including: the floors, carpets, appliances, and paint on the walls. The report should be signed and dated by both the landlord and the tenant who made the inspection, and each should keep a copy A new landlord has the same rights and duties as the previous one and must follow all of the terms of this agreement unless the tenant and new landlord agree to other terms. If problems or disagreements arise, the landlord and tenant should try to talk to each other to find a solution. If they still cannot agree, either may contact the Administrator for clarification of their rights and responsibilities and apply for mediation or an arbitration hearing to get a decision. Many, but not all, kinds of disagreements can be decided by arbitration. It is recommended that the landlord s consent to assign or sublet be obtained in writing. If problems or disagreements arise, the landlord and tenant should try to talk to each other to find a solution. If they still cannot agree, the Local Park Committee may assist with dispute resolution, if one has been established in the park. If the parties still cannot agree, either may contact the Administrator for clarification of their rights, responsibilities and remedies under the Law and apply for a dispute resolution hearing to get a decision. Many, but not all, kinds of disagreements can be decided by dispute resolution. FOR MORE INFORMATION TSAWOUT FIRST NATION WEBSITE: Or contact the Administrator at: SȾÁUTW First Nation Saanichton, BC V8M 2C3 Form Phone: (250) Page 7 of 7 Fax: (250) [insert address]